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Prominent Texas Capital Defense Attorney Suspended for a Year by David Dow has near-legendary status among death penalty attorneys in Texas. He works pro bono for clients whose lives literally depend on him; he takes their cases after they arrive on death row, often seeking to right the wrongs committed ...
Article • September 2, 2016 • from PLN September, 2016
Sixth Circuit Holds PLRA’s Physical Injury Rule Inapplicable to First Amendment Claims by On June 1, 2015, the Sixth Circuit Court of Appeals held “that deprivations of First Amendment rights are themselves injuries, apart from any mental, emotional, or physical injury that might also arise from the deprivation, and that ...
Idaho DOC Can’t Stop Love; State Senator’s Ex-wife Weds Prisoner by Mark Wilson Lance Conway Wood, 48, was described as “a strong-willed inmate” with an extensive “history of ‘crossing the line’” who “exploits the human weaknesses of prison staff,” according to a federal judge. Wood, however, undoubtedly views himself as ...
BOP Pays $20,000 to Settle Sexual Harassment Complaint by The federal Bureau of Prisons (BOP) paid $20,000 to settle on Equal Employment Opportunity complaint alleging sexual harassment. Brenda Fornengo, a counselor at FCI Sandstone in Massachusetts, alleged her supervisor, Mr. McMahan, harassed her in her work place.  Her allegations included ...
Wood v. Panther, ID, Complaint, OR retaliation harassment transfer marriage, 2015 Case 1:15-cv-00092-CWD Document 2 Filed 03/17/15 Page 1 of 20 Case 1:15-cv-00092-CWD Document 2 Filed 03/17/15 Page 2 of 20 Case 1:15-cv-00092-CWD Document 2 Filed 03/17/15 Page 3 of 20 Case 1:15-cv-00092-CWD Document 2 Filed 03/17/15 Page 4 of ...
Sexual Harassment, Abuse Alleged at Oklahoma Halfway House for Women by Joe Watson Ownership of a privately-operated Oklahoma Department of Corrections (ODOC) halfway house near Tulsa has changed hands in the midst of at least two lawsuits and possible criminal charges stemming from allegations that the owner of a sandwich ...
Sixth Circuit Reverses Dismissal of Prisoner’s Bivens Suit against BOP Officials by Derek Gilna Sixth Circuit Reverses Dismissal of Prisoner’s Bivens Suit against BOP Officials by Derek Gilna The Sixth Circuit Court of Appeals has reversed a district court’s dismissal of a prisoner’s suit raising a failure to protect claim, ...
Nebraska District Court Rules on Medical Deliberate Indifference Case by Nebraska District Court Rules on Medical Deliberate Indifference Case On November 13, 2013, the United States District Court for the District of Nebraska denied in part and granted in part motions proffered by three different groups of defendants in a ...
Article • October 5, 2015
Suit Alleging Prisoner’s Retaliatory Transfer to Out-of-State Prison May be Brought in Receiving State’s Courts by Suit Alleging Prisoner’s Retaliatory Transfer to Out-of-State Prison May be Brought in Receiving State’s Courts In April 2008, the First Circuit Court of Appeals held that a lawsuit alleging that a prisoner had been ...
Jackson v. Florida DOC, Complaint, ADA Violations and Retaliation, 2014 Case 4:14-cv-00548-MW-CAS Document 1 Filed 10/16/14 Page 1 of 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA RICHARD JACKSON, Plaintiff, v. Case No.: 4:14-cv-548 FLORIDA DEPARTMENT OF CORRECTIONS, MARSHA NICHOLS, WILLIAM RUMMEL, ANDREW LOCKLEAR, AND DOES 1-8, Defendants. / ...
The way forward to end solitary confinement torture: Where’s the army? by Todd Ashker The way forward to end solitary confinement torture: Where’s the army? By Todd Ashker On the subject of SHU and Ad-Seg constituting torture, for those of us who may not be familiar with the specifics and ...
Article • August 1, 2015 • from PLN August, 2015
Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion by Mark Wilson Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion by Mark Wilson The Vermont Supreme Court has reversed a lower court’s denial of a prisoner’s motion to reopen his post-conviction relief case alleging the retaliatory denial of a ...
Sheriff Ordered to Reinstate Contractors’ Security Clearances to Remedy Retaliation for Blanket Strip-Search Litigation by Sheriff Ordered to Reinstate Contractors’ Security Clearances to Remedy Retaliation for Blanket Strip-Search Litigation A Virginia federal district court ordered a sheriff to reinstate the security clearances of six contractors after it found the Sheriff ...
Article • October 10, 2014 • from PLN October, 2014
Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment by David Reutter Pretrial Detainee’s First Amendment Retaliation Claim Survives Summary Judgment by David M. Reutter In a December 26, 2013 decision, the Eighth Circuit Court of Appeals reversed a district court’s grant of summary judgment, holding that a former pretrial ...
Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption by The Ninth Circuit Court of Appeals has held that a district court erred when finding a prisoner could not state an Eighth Amendment sex abuse claim because he “consented” to a relationship with a prison ...
Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action by Derek Gilna Civilly-committed patients in the Minnesota Sex Offender Program (MSOP) filed suit under 42 U.S.C. § 1983 against Minnesota Department of Human Services (DHS) and Minnesota Department of Corrections (DOC) officials, alleging that various conditions of their confinement were ...
Sixth Circuit Orders Judgment Against Three Defendants in Prisoner's Retaliation Case by The Sixth Circuit Court of Appeals vacated judgments in favor of three prison officials in a prisoner's lawsuit alleging a retaliatory transfer, and ordered that judgment be entered against them. The district court then awarded damages on remand. ...
Article • April 15, 2013
4th Circuit: Prisoner Alleges Sufficient Facts to Establish Imminent Danger, Permitted to Proceed Despite Three Prior “Strikes” by In an unpublished per curiam opinion decided September 2006, the Fourth Circuit vacated a district court order dismissing a prisoner’s civil rights complaint pursuant to 28 U.S.C. §1915(g) on the ground that ...
Washington Jail Prisoner Settles Retaliation Claim for $10,000 by Washington State’s Pierce County has agreed to pay $10,000 to settle a federal lawsuit that claimed a prisoner was subjected to retaliation in the form of solitary confinement for exercising his First Amendment right of access to the courts. Neil Grenning ...
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